81
Re-examination.
Interrogatory 1st. Were there any votes taken at the polls
of District 13, which in your judgment were illegal; if so,
state the number and the names of the persons so voting, and
give your reasons fully for judging them illegal?
A. Spates excepts to the Interrogatory as embracing facts
not embraced in the notice.
In my judgment there was one that I am fully satisfied had
no right to vote in my District; the name of said party is
Edward Williams, my reason is that he was a citizen of No.
6, and not of No. 13, and I protested against his vote; dont
know to what political party he belonged, but he was in the
Federal Army; I heard him talk but he did not talk as
though he would vote the Union ticket.
To the 2nd Cross-Interrogatory on the part of Alfred Spates
he says his name was on the list of registered voters for Dis-
trict No. 13; I belong to the Radical party, and voted for Dr.
C. H. Ohr for State Senator.
JOSEPH M. KOERNER.
JAMES M. MATHEWS, Sworn.
Interrogatory 1st. As No. 1, in schedule A. James M.
Mathews, my age 49 years, occupation farmer, residence Elec-
tion District No. 7, have resided there 49 years ?
Interrogatory 2nd. As No. 2 in schedule A. A. Spates ob-
jects to that question, because there was no notice of the facts
intended to be proved by that interrogatory contained in the
notice to A. Spates given by Dr. C. H. Ohr, I was appointed
and received a commission from the Governor to act as regis-
ter for District No. 7, in Allegany county, Maryland, did
qualify by taking the oath before a Magistrate, but did not
qualify by taking the oath before the Clerk of the Circuit
Court for Allegany county; I did discharge the duties as reg-
ister in said district for the year of 1865. I had read the
Constitution and Law regulating the registration of voters,
we did administer the oath of voters, we did give notice as
required by law of the time and place of registration.
Interrogatory 3rd. (Special,) Who acted as offieer of registra-
tion in said District in 1866; was he registered in 1865, and
how, A. Spates objects to this Interrogatory and its answer,
because it is not embraced in the notice, and you cannot prove
it by parole.
Answer. John Deffinburgh, and he was registered as dis-
loyal 1865, under the 4th section of Article 1st, of the Consti-
tution of Maryland, and said book of registration was pro-
duced.
Interrog. 4. As No. 2 in schedule D. (Excepted to by A.
Spates as not in the notice.)
I was appointed Judge of said Election District in 1866.
11
|